GEORGETOWN, Texas (KXAN) — Attorneys for a man convicted of sexually assaulting a child want him released on bond before the August hearing in his case and legal experts say that is a possibility.

Greg Kelley, 22, has been in state prison for almost three years after his 2014 conviction for molesting a 4-year–old boy at a home day care. He was transported back to Williamson County Tuesday to await the Aug. 3 hearing after new evidence being presented by his attorney suggests someone else might have committed the crime.

Kelley’s defense attorney, Keith Hampton, says Kelley is now eligible to be released on bond and the law would allow that to happen if both the Williamson County District Attorney and the judge in the case agree.

“The law provides that when there is new material evidence that becomes available after the trial, and that evidence has been accepted by both the defense and the prosecution and they’re in agreement, that the judge can grant bail and then ultimately hear the issue of whether a new trial should be granted,” said former State District Judge Charlie Baird, who is not directly involved in the Kelley case.

Baird also said he believes Kelley will be released on bond before the hearing. If a bond is granted, the judge could be even issue it as personal recognizance bond where Kelley wouldn’t have to pay anything to be released from jail, explained Baird.

“Based on kind of the questionable nature of the charges to begin with, the profile of the case, the strength of the defense at trial, and in light of this truly strong and compelling evidence in favor of Mr. Kelley, I would be surprised if, ultimately, the prosecution did not agree to release Mr. Kelley on bail,” Baird said.

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